Schultz & Teamsters United, 2017 ESD 372

OFFICE OF THE ELECTION SUPERVISOR

for the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

IN RE: KIMBERLY SCHULTZ &            )           Protest Decision 2017 ESD 372

            TEAMSTERS UNITED,                 )           Issued: January 27, 2017

            Protestors.                                         )           OES Case No. P-422-012617-NA           

____________________________________)                      

Kimberly Schultz and Teamsters United filed a post-election protest pursuant to Article XIII, Section 2(b) of the Rules for the 2015-2016 IBT International Union Delegate and Officer Election (“Rules”).  The protest alleges that the IBT, the IBT General Executive Board, IBT General President Hoffa, and the Hoffa-Hall 2016 slate have violated the Rules by revoking the charter of IBT Local Union 2011. 

The protest asserted that the IBT had designated a representative who was to go to Local Union 2011 on January 30, 2017 and take control of the local union’s books and records, and the local union charter.  The protest requested an interim order restraining such action pending determination of the protest.

We contacted the IBT regarding the protest.  The IBT has informed us that the designated representative “has been instructed to do nothing with Local 2011 until further notice.” 

Accordingly, no interim restraint is needed.  OES expects that the parties will maintain the status quo, that is, there will be no changes regarding the status of Local Union 2011 or its charter pending the hearing and determination of the protest.

Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision.  The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Supervisor in any such appeal.  Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:

Kathleen A. Roberts

Election Appeals Master

JAMS

620 Eighth Avenue, 34^th floor

New York, NY 10018

kroberts@jamsadr.com

Copies of the request for hearing must be served upon the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters, 1050 17^th Street, N.W., Suite 375, Washington, D.C. 20036, all within the time prescribed above.  A copy of the protest must accompany the request for hearing.

                                                                        Richard W. Mark

                                                                        Election Supervisor

cc:       Kathleen A. Roberts

            2017 ESD 372

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